Description of Securities

Voting Rights. The holders of our common stock are entitled to one vote for each share of common stock held on all matters submitted to a vote of the stockholders. Notwithstanding the previous sentence, unless otherwise provided by law or the Charter, holders of our common stock are not entitled to vote on any amendment to the Charter that relates solely to the terms of one or more outstanding series of preferred stock of the holders of such series are entitled, either separately or together with the holders of one or more other such series, to vote on such amendment. An election of directors by our stockholders is determined by a plurality of the votes cast by the stockholders entitled to vote on the election. On other matters, where a quorum is present at a meeting, a matter shall be decided by the affirmative vote of a majority of the voting power of the shares present in person or represented by proxy and entitled to vote on the subject matter, except where a different vote is required by law, the Charter or the Bylaws. Our stockholders do not have cumulative voting rights.

Dividend Rights. Holders of our common stock are entitled to receive dividends out of funds legally available therefor at the times and in the amounts that our Board of Directors may determine, subject to any rights of any then outstanding preferred stock.

No Preemptive or Similar Rights. Holders of our common stock have no preemptive, redemption, conversion or subscription rights. The rights, preferences and privileges of holders of our common stock are subject to and may be adversely affected by the rights of the holders of shares of any series of preferred stock that we may designate and issue in the future.

Right to Receive Liquidation Distributions. In the event of our liquidation, dissolution or winding-up, the holders of our common stock are entitled to receive ratably all the remaining assets available for distribution to our stockholders after the payment of all debts and other liabilities and subject to any rights of then outstanding preferred stock.

Listing. Our common stock is listed on the Nasdaq Capital Market under the symbol “EYEN”.

Transfer Agent and Registrar. The transfer agent and registrar for our common stock is Equiniti Trust Company, LLC.

8,467.875 warrants to purchase up to 8,467.875 shares of common stock at an exercise price of $55.200 per share which will expire on January 1, 2030;

1,148.550 warrants to purchase up to 1,148.550 shares of common stock at an exercise price of $380.800 per share which will expire on May 6, 2031;

40,811.638 warrants to purchase up to 40,811.638 shares of common stock at an exercise price of $55.200 per share which will expire on January 2, 2030

108,695.663 warrants to purchase up to 108,695.663 shares of common stock at an exercise price of $40.000 per share which will expire on March 31, 2030;

302,044.625 warrants to purchase up to 302,044.625 shares of common stock at an exercise price of $8.608 per share which will expire on May 26, 2030;

502,125.625 warrants to purchase up to 502,125.625 shares of common stock at an exercise price of $7.752 per share which will expire on January 21, 2030;

394,236.125 warrants to purchase up to 394,236.125 shares of common stock at an exercise price of $5.272 per share which are expected to be exercisable upon receipt of approval of the Company’s stockholders in accordance with the applicable rules and regulations of The Nasdaq Capital Market and will expire on the five-year anniversary of the date of such approval; and

prior to such time, the board of directors of the corporation approved either the business combination or the transaction that resulted in the stockholder becoming an interested stockholder;

upon consummation of the transaction that resulted in the stockholder becoming an interested stockholder, the interested stockholder owned at least 85% of the outstanding voting stock of the corporation, excluding for this purpose shares owned by persons who are directors and also officers of the corporation and by specified employee benefit plans; or

at or after such time, the business combination is approved by the board of directors of the corporation and by the affirmative vote, and not by written consent, of at least 66 2/3% of the outstanding voting stock that is not owned by the interested stockholder.

any merger or consolidation involving the corporation and the interested stockholder;

any sale, transfer, pledge or other disposition of 10% or more of the assets of the corporation involving the interested stockholder;

any transaction that results in the issuance or transfer by the corporation of any stock of the corporation to the interested stockholder, subject to limited exceptions;

any transaction involving the corporation that has the effect of increasing the proportionate share of the stock of any class or series of the corporation beneficially owned by the interested stockholder; or

the receipt by the interested stockholder of the benefit of any loans, advances, guarantees, pledges or other financial benefits provided by or through the corporation.

Issuance of Undesignated Preferred Stock. Our Charter provides our Board of Directors the ability, without action by our stockholders, to issue up to 6,000,000 shares of undesignated preferred stock with rights and preferences, including voting rights, designated from time to time by our Board of Directors. Our Board of Directors may utilize these shares for a variety of corporate purposes, including future public offerings to raise additional capital, corporate acquisitions and employee benefit plans. The existence of authorized but unissued shares of preferred stock would enable our Board of Directors to render more difficult or to discourage an attempt to obtain control of us by means of a merger, tender offer, proxy contest or other means.

Board of Director Vacancies. Subject to the rights of holders of any series of preferred stock, any vacancy on our Board of Directors, including a vacancy resulting from an enlargement of our Board of Directors, may be filled only by the affirmative vote of a majority of directors then in office. The limitation on the filling of vacancies could make it more difficult for a third party to acquire, or discourage a third party from seeking to acquire, control of our company.

Special Meetings of Stockholders. Under our restated certificate, our stockholders may no longer take action by written consent, and may only take action at annual or special meetings of our stockholders. Our Charter provides that, subject to the rights of holders of any series of preferred stock and except as required by law, special meetings of our stockholders may be called only by the Chairman of the Board of Directors, our Chief Executive Officer, or the Board of Directors pursuant to a resolution adopted by a

Advance Notice Requirements. Our Bylaws provide advance notice procedures for stockholders seeking to bring business before our annual meeting of stockholders, including proposed nominations of persons for election to the Board of Directors. Stockholders at an annual meeting may only consider proposals or nominations specified in the notice of meeting or brought before the meeting by or at the direction of the Board of Directors or by a stockholder of record on the record date for the meeting, who is entitled to vote at the meeting and who has delivered timely written notice in proper form to our secretary of the stockholder’s intention to bring such business before the meeting. These provisions could have the effect of delaying until the next stockholder meeting stockholder actions that are favored by the holders of a majority of our outstanding voting securities.